Terms of Use
Effective Date: March 1, 2025
These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Mark AI Tech Inc. ("Company," "we," "our," or "us") and govern your access to and use of our websites, software applications, platform services, digital interfaces, content, documentation, and any associated services (collectively, the "Services"). By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.
1. Eligibility and Access
The Services are intended solely for individuals who are at least thirteen (13) years of age. By using the Services, you represent and warrant that you are of legal age to form a binding contract and meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Services. Access to the Services is void where prohibited by law.
You are responsible for ensuring that your access to the Services and your use of any content therein complies with all applicable local, state, national, and international laws and regulations.
2. Account Registration and Security
To access certain features of the Services, you must register and create an account by providing accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your credentials or account.
We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, if we believe you have violated these Terms or engaged in any activity that may harm the integrity of the Services.
3. Description of Services
Mark AI Tech Inc. provides a Software-as-a-Service (SaaS) platform that functions as a Vertical AI agent, offering automated marketing assistance, funnel creation, landing page generation, email campaigns, analytics tracking, and digital advertising features. The Services are offered via subscription tiers as described on our pricing page (https://mark.tech/pricing). Service offerings, features, and limitations vary based on the selected subscription level.
Free trials may be granted at our sole discretion and are subject to cancellation or limitation without prior notice. You acknowledge that trial access may be restricted in terms of functionality, duration, or support.
4. Payments and Billing
4.1 Refunds and Cancellations
4.1.1 Nonrefundable Fees
All fees charged by Mark AI Tech Inc. are non-refundable, including but not limited to subscription fees, usage fees, and fees related to third-party services provided through the platform, regardless of whether the Services were fully used during the subscription period. Mark AI Tech Inc. does not provide refunds or credits for user errors, account inactivity, or partial use of Services. Unless required by applicable law, all refund requests are evaluated at our sole discretion.
4.1.2 Prepaid Services and Commitments
Certain Services or integrations may require prepayment or a minimum usage commitment. Such prepayments are non-refundable once initiated. If a subscription plan includes a minimum commitment, cancellation before the completion of the term does not relieve you of payment obligations. Add-on products and features, once provisioned, are also non-refundable.
4.1.3 Wallet or Account Credit
If you maintain a balance within your Mark AI Tech Inc. account (e.g., preloaded funds or wallet credit), you are solely responsible for requesting a refund upon account closure. Funds unclaimed 30 days after cancellation or expiration of your account may be forfeited and absorbed by Mark AI Tech Inc.
4.2 Payment Processing and Stripe
All payment transactions for our Services are securely processed through third-party providers, including Stripe, Inc. By subscribing or making purchases, you also agree to be bound by Stripe’s own Terms of Service and Privacy Policy, available at https://stripe.com/legal and https://stripe.com/privacy. We do not store full payment information on our servers, and all sensitive payment data is handled directly by Stripe under industry-standard encryption and compliance requirements.
|
It is your responsibility to ensure that your billing information is current. We may suspend or terminate access to the Services for non-payment or if payment authorization is revoked or declined.
We reserve the right to modify pricing at any time. Any changes to fees or payment terms will be communicated in advance and will take effect upon renewal of your subscription.
4.3 Reasonable Use and Service Abuse
Mark AI Tech Inc. Services are subject to fair and reasonable use. We reserve the right to monitor account activity to prevent misuse, abuse, or behavior that causes harm to our infrastructure, reputation, or other users. If, in our sole discretion, your activity is deemed excessive, harmful, or outside the scope of intended use, we may suspend, limit, or terminate access to the Services without prior notice. This includes but is not limited to abusive marketing practices, unauthorized automation, or overuse of system resources.
It is your responsibility to ensure that your billing information is current. We may suspend or terminate access to the Services for non-payment or if payment authorization is revoked or declined.
We reserve the right to modify pricing at any time. Any changes to fees or payment terms will be communicated in advance and will take effect upon renewal of your subscription.
5. Permitted Use and Prohibited Conduct
You agree to use the Services solely for their intended business and informational purposes. You must not:
We reserve the right to investigate and prosecute violations of these Terms to the fullest extent of the law.
6. Intellectual Property Rights
All intellectual property rights in and to the Services, including all software, source code, graphics, design, text, logos, trademarks, user interface elements, audio, and other content, are the exclusive property of Mark AI Tech Inc. or its licensors. These Terms do not grant you any ownership rights in the Services or any content therein.
You may not copy, reproduce, republish, upload, post, transmit, distribute, modify, or create derivative works based on the Services without our express written consent. Any unauthorized use of the Services may result in termination of access and may subject you to legal liability.
7. User Content and License
By submitting or uploading any content to the platform (e.g., text, images, branding, marketing materials), you grant Mark AI Tech Inc. a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, display, modify, distribute, and create derivative works based on such content solely for the purpose of providing and improving the Services.
You represent and warrant that you have all rights necessary to submit such content and that your content does not infringe any third-party rights. We reserve the right to remove content that violates these Terms, infringes rights, or is otherwise objectionable in our sole discretion.
8. Third-Party Services and Integrations
The Services may integrate with or contain links to third-party platforms, including payment gateways, analytics providers, email systems, cloud infrastructure, and advertising networks. Your interactions with these services are governed solely by their terms and privacy policies.
We do not control or endorse these third-party services and disclaim any responsibility or liability for their practices. We may change or discontinue integrations at any time.
9. Disclaimers
The Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, we disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Services will be uninterrupted, secure, error-free, or meet your expectations. You acknowledge and agree that your use of the Services is at your own discretion and risk.
10. Limitation of Liability
To the fullest extent permitted by law, Mark AI Tech Inc. shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation loss of profits, data, or business opportunities, arising from or relating to your use or inability to use the Services, even if we have been advised of the possibility of such damages.
In no event shall our total liability exceed the amount paid by you to us in the twelve (12) months preceding the claim.
11. Export Control and Compliance
You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. export restrictions, or identified on any U.S. government list of prohibited or restricted parties. You agree not to use or export the Services in violation of U.S. laws or regulations.
12. Indemnification
You agree to indemnify, defend, and hold harmless Mark AI Tech Inc. and its officers, directors, employees, affiliates, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including legal fees) arising from your use of the Services, your content, or your violation of these Terms or applicable law.
13. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of laws principles. Any dispute arising from or related to these Terms or the Services shall be subject to the exclusive jurisdiction and venue of the courts located in Florida, and you consent to the personal jurisdiction of such courts.
14. Modifications to the Terms
We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. It is your responsibility to review these Terms periodically. Continued use of the Services after any changes constitutes your acceptance of the modified Terms.
15. Contact Information
If you have questions, concerns, or need assistance regarding these Terms, please contact us at:
Email: info@mark.tech
Address: 600 Cleveland Street ste 970 Clearwater, FL, 33755 US
By using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use.